Terms of Use

WEBSITE TERMS OF USE (“TERMS”)

By accessing, using or browsing on this website, or by continuing to do so, you expressly accept and agree to be bound by these Terms. In accepting these Terms, you agree that these Terms and our Privacy Policy will apply whenever you access or use this website.

Renew Adelaide Incorporated ABN 35 183 580 639 (“we”, “us” or “our”) may amend these Terms from time to time. Your use of the website after we make amendments to these Terms will oblige you to comply with these Terms as amended.

1. Intellectual property

1.1 All intellectual property in this website, including copyright, any trade marks and any other intellectual property rights in orassociated with this website is owned or licensed to us.

1.2 You must not do or allow any third party to do anything which may infringe, damage or endanger our intellectual property rights or the intellectual property rights of a third party in respect of the website.

2. Privacy We will collect, hold and use your personal information in accordance with our Privacy Policy available on this website. Our Privacy

Policy sets out:

2.1 the purposes for which your personal information is collected;

2.2 the consequences if your personal information is not provided to us;

2.3 the third parties to which we disclose your personal information;

2.4 how you may seek access or correction of your personal information;

2.5 whether your personal information is likely to be disclosed to overseas entities and in which countries; and

2.6 how you can complain about a breach of our obligations in respect of your personal information and how such a complaint will be dealt with.

3. Security

3.1 We take all reasonable steps to ensure the security of our systems. Any information which we hold for you is stored on secure cloud based servers. In addition, our employees and the contractors who provide services relating to our information systems (as applicable) are obliged to respect the confidentiality of any personal information held by us. However, we will not be held responsible for any loss that may arise from unauthorised access to your personal information subject to any negligence or breach of law on our behalf.

3.2 The website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We accept no responsibility for any liability that may arise from your use of a third party website.

3.3 We exercise all due care to ensure that your information is secure on our system. However, the possibility exists that the information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud based servers. We accept no liability that may arise if any other persons obtain the information you submit to the website, subject to any negligence or breach of law on our behalf.

4. Representations and warranties

4.1 We will comply with our warranty obligations at law (including the Australian Consumer Law). However, to the maximum extent permitted by law, we do not provide any further representations or warranties relating to this website, its content or its availability.

4.2 We will not be responsible in any way for the availability of the website subject to any negligence, breach of law or circumstances within our reasonable control. We will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise) to maintain the performance of this website where this is within our direct control.

4.3 We do not warrant that the website will operate error-free or that the website and its server are free from computer viruses or other harmful mechanisms.

5. Risks and release from liability

To the maximum extent permitted by law (including the Australian Consumer Law):

5.1 we accept no liability for any loss or damage howsoever arising (including any indirect or consequential loss) to any person or corporation who may rely on the information contained on this website for any purpose or as a result of the use of or access to this website; and

5.2 you release us from all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, in equity or under statute which you or anyone claiming through you may have, or might at any time have or have had against us in respect of, arising out of or resulting from access, attempted access or use of the website.

6. Third party data

We are not responsible for the content of any data on or accessed through the website that is not originated by us. We exercise no direct supervision or control over the content of such data. We do not assume any responsibility for data not actually provided or expressly authorised by us. The responsibility for data that does not conform with these Terms and all possible consequences lie with the provider or sender of the data.

7. Acceptable uses

You must use the website responsibly and within the law. It is your responsibility to:

7.1 use the website in a manner which does not violate any applicable laws or regulations;

8.2.3 initiate or spread computer worms, viruses or other types of malicious programs;

8.2.4 make transmissions of any type or quantity which adversely affect the operation of the website or jeopardises the use of the website, or its performance for other users of the website; or

8.2.5 harass or impersonate us, the website or other users of the website;

8.2.6 engage in conduct which causes a threatened or actual nuisance to other users of the website; or

8.2.7 violate or attempt to violate the security of the website.

9. Our rights

9.1 You will indemnify us against all damages, losses, actions, costs, claims, demands and causes of action whatsoever at law, inequity or under statute that we suffer or incur as a result of any breach of these Terms by you.

9.2 Without limiting any of our other rights, if you breach any term of these Terms, we will have the right to:

9.2.1 confiscate or destroy or require you to return or destroy, at your cost, all material that you have obtained from the website;

9.2.2 require you to delete or otherwise permanently remove from any electronic device, information you have obtained from the website, using any means reasonably necessary;

9.2.3 suspend or terminate your access to the website; and

9.2.4 take any other action against you.

9.3 These Terms are governed by and are to be interpreted pursuant to Australian law and users of the website submit to the exclusive jurisdiction of Australian courts in respect of any disputes under or related to these Terms or a user’s access to or use of the website.

10. What we may do to ensure that these Terms are being followed

10.1 We may (but are not obliged to) monitor your use of the website to determine whether these Terms are being followed. If we monitor your use, we will safeguard your privacy unless doing so would involve us concealing a criminal offence, be contrary to law or inhibit the enforcement of these Terms.

10.2 If we become concerned that your use of the website may break the law or that you have not complied with these Terms, we will generally attempt to contact you before taking action (if possible).

10.3 If we believe that your use of the website may break the law or that you have not complied with these Terms we may:

10.3.1 notify you by email (if possible);

10.3.2 suspend or terminate your access to the website without notice; and/or

10.3.3 notify and provide relevant information to the authorities, as appears appropriate in the circumstances.

11. Limitations

11.1 Whilst we will make all commercially reasonable efforts to post a prior warning on the website, we may from time to time suspend, disconnect or deny access to the website, without notice to you during any technical failure, modification or maintenance affecting the website, provided that we will use commercially reasonable endeavours (taking into account our internal standards, written or otherwise adopted) to procure the resumption of the website as soon as reasonably practicable.

11.2 Without notice to you, we may remove, amend or alter any material or data in the website upon being made aware of any claim or allegation or risk of a claim or allegation that any such material or data is unlawful, defamatory, offensive or in breach of a third party’s rights.